Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-14
MFoR NATION
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OWNERS AND LOCATops
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APPLICATION FOR PATENT.
Where papers have once been flsa -,
,Se.s'eI ana neceiver they become a IN.
1ns record, and can neither be witnarpat
ersl Land Once. 70 The Gen
An application will be rejected Sh..
scr1ptlon OF the premises is erroneous ae
e, Application for patent will be rejected !.
First The notice was published w;,hou..
knowledge OF the Register. uius
oecono-Ihe notice was not pubbsbaa
Newspaper designated as published nesrs.,s.
Third-Record title was fopna ,..
Fourth previous application had
made for the same premises, which =. peei
Crawl pending . suit in Court commenosH "
the adverse claimant. noed BY
An application for patent will ba ,e,...,
when the survey does not sccurstelv Ss ..eeSd
boundaries OF the claim. 0en1etas
Where the claim was not lecstaa
ance with law. scoord.
Where several parties W separate ana
tinct portions Of q claim, sppl,e.tion Us
patent may be made by either for thai nor.i tus
OF the claim owned by him: but where so.s,.i
parues W undivided interests In |. m,r,sI
claim all should join in an spplicstion soahs
patent. iof
A person or association may pureb.,..
many placer locations as the local law sdn,,.
and embrace them all in one application fo,
patent.
Two or more lodes cannot he enhr..
one application for q patent except for Ma.
claims embracing two or more lodes vi.ss.
their boundaries "Nli
Papers sworn 70 before any person nuyn.
ing to act Is . deputy for the Register snds
ceiyer cannot be recorded - evidence,
In All nAfapta fnw v4rsr.
within the interior boundaries of 4 town ~.
9 clause 10 inserted Excepting and excluaiss
all town property, rights upon the su,s.ss
and all houses, buildings, structures ios
blocks, streets, alleys or other municip.I I'm
provements not belonging TO the GRANTEES hsra
In, and all rights necessary or propey 10 h.
occupation, possession and enjoyment Of "a.
same"
Publication Of notice must be made n o,,,
one newspaper for the period Of 60 DAYS.
Notice must be published 10 CONSECUTIVE
weeks In weekly newspapers, and in daily
first and last insertions.
Where the Register designates thedsily ism.
OF q newspaper fer publication Of nottces on |,
mining application for patent il is NOT 4 com.
plianoe with law 70 change TO the weekly al.
uon OF the same paper without authority Of
the Register.
The existence Of O salt spring on a trsc, a,
land withdrsws 1t from the operation Of h.
homestead and presumption laws. A he.rins
for the purpose OF proving the agricultural
character OF such land 10 not allowed. Land
containing valuable deposits Of slate may BE-
entered under the mining Acts.
ADVERSE oLAIxs,
Adverse claimants must nle . separate and
distinct claim agAinst each application which
IL 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once fled,
cannot be Withdrawn. but becomes . part of the
record.
When an adverse claim has been fled II can.
not be amended SO as 10 embrsce q larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out In
proper form and filed In the proper local Office
during the period Of publication Of the sppl.
cation for the patent to be effective.
1t is the duty Of the adverse claimsnt .
commence suit In proper form within thsn
CURED time, and IL he trusts the uncsas
medium Of the United States mail he Ezi
abide the consequences. should the ca
ensue, through misfortune or accident. ShCA
the failure 10 suit be the resrlia
the cor rupto or dishonest action OF his sttsrng,
the Interior Department cannot redress 10
wrong.
An adverse claimant should set forth In d.
tail the facts upon which he bases his advers
claim. A statement in general terms, embOd!
ing conclusions Of law. without stating TIE
facts specially, Will not be considered In sN.
dence.
An adverse claimant should show q compH.
ance with the local laws in recording his claim
and in regard to expenditures, and shall hle
copy Of the original notice Of his location, and
show the nature or extent of the oonfici
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
are not required 10 prove that they are the
original ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL Or LAsDs.
Where land is Of little, II any value, for ari
cultural purposes, but is essential to the
proper development Of mining claims, II
should be disposed OF under the Mining Act.
Where lands containing valuable miners!
deposits have been included in an Agricultural
entry, said entry will be Cancelled st any time
prior to issuance of patent, upon satisfsctcy
evidence OF the existence of such valuable Do
posts.
Where valuable deposits of mineral are dis
covered upon q tract after the same fas Deen
en- tered as agricultural. but before ] xent nn
been issued, the parties claiming the mlns
may make application for patent for SANE
and the agricultural entry viii be Cancelled
that portion Of tho land embraced BY sA
mining claim.
where mineral deposits are discovered o.
agricultural lands after the patent mas Dees
issued to an agricultural claimant, tnsy pass
with the patent.
Agricultural College scrip cannot DO
ceived In payment for claims.
foreigner may make Q mining location aa
dispose Of it. provided he becomes 0 cin.ss
before disposing OF the mine. PROOF tnss ~ ~
marty was not o citizen before disposing Oh y"
claim must be sfirmatively shown. .,.,
Locators and intermediate owners vsns
thsn applicants, will not be presumed slens.
In the absence of allegation or obJecuon P'"'
to Issuance Of patent. IAN
The portion of q mining claim soia Va
alien cannot be patented while suon ox .oms
an alien: but on his declaration to pecyms
citizen his right dates back 70 DIS pa W o,.la1
aud he may thereupon secure Uni'eas
patent for his claim.
CROSS D
Revised Statutes. Section 1855: ,.,.,sect
Where two or more lodges cross ~ and
each other, priority Of title shall ev.U' ii ore
such prior location shall be entitled inter.
or mineral contained within the spscsv
section, but the subsequent location ~ inter.
the right Of way through the space snient
section for the purpose or the : more
working OF the mine. And where .w y shall
veins unite the oldest or prior locs"n,on ir.
take the vein below the point OF u"0
Guiding ell the space Of intersecton'
TUNNELS.
Tbo,a ia no authority of law for Ss..ion